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Item 6 - Ordinance Prohibiting Entry Upon Business Property _,GENDA REPORT -^-� ,�qr CITY OF POWAY T y yf C� IN TNE ��J�� TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager • INITIATED BY: Stephen M. Eckis, City Attorn�l< J. C. LaSuer, Sheriff's Captain DATE: December 23, 1986 SUBJECT: Ordinance prohibiting entry upon business property BACKGROQND The problem of juveniles and young adults entering upon and remaining in and around the parking lots of private businesses within the City of Poway has recently been brought to the attention of the Poway City Council by various members of the business community. The City Council referred the matter to the Sheriff's Department for review and recommendation. On October 17, 1986, a report was prepared by the Sheriff, discussing the nature oE the problem and the costs to the public associated with the problem. Upon review of the report dated October 17, 1986, the City Attorney has prepared the proposed ordinance attached hereto which is patterned after a similar ordinance presently in use within the City of San Diego. RECOMMENDATION If the City Council desires to adopt the proposed ordinance, read title and waive further reading, continue the public hearing and set second reading. ACTION: �I DEC 2 3 1986 ITEM b 1 of 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA - ADDING CHAPTER 8. 06 TO THE POWAY MUNICIPAL CODE PROHIBITING ENTRY UPON OR USE OF PRIVATE BUSINESS PROPERTY WITHOUT THE CONSENT OF THE OWNER WHEREAS, the use of private business premises open to the general public for purposes contrary to the functions and services provided thereon without the consent of the owner or operator thereof is contrary to the public health, safety, and welfare, creates pedestrian and vehicular traffic problems, generates litter, disrupts the lawful business transacted upon the premises, and encourages breach of the public peace; and WHEREAS, unauthorized reentry upon such premises by a person who has been requested to leave is similarly contrary to the public interest . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.06 is hereby added to the Poway Municipal Code to provide as follows : 8.06.010 Use of property prohibited. No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator or agent thereof. It shall be unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator or agent thereof. 8.06.020 Reentrv orohibited. It shall be unlawful for any person without the permission of the owner, operator or agent of privately operated business premises which are open to the general public to enter upon such premises within forty-eight (48) hours after having been requested by the owner, operator or agent thereof to leave therefrom pursuant to the provisions of Section 8.06.010. 8.06.030 Exceptions. The provisions of this section shall not apply in any of the following instances: A. Where their application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provisions of law relating to prohibited discrimination against any person on account of color, race, religion, sex, creed, ancestry or national origin; oEC z s �9as lTEM b Z of 3 Ordinance No. _ Page 2 B. Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities, or peaceful political activities; C. where their application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers; D. Where the person who is upon the privately operated business premises which are open to the general public is present under claim or color of legal right. This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 23rd day of December, 1986, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the day of , 1987, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bruce J. Tarzy, Mayor Marjorie K. Wahlsten, City Clerk 3 °f 3 �E� � � ��8t JT � h9 .